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SB 349 Montana Senate · 2025 Regular Session

Declare authority over existing fossil-fuel fired electric generating units

SB 349 would have transferred authority over air and water quality regulations for existing fossil fuel power plants in Montana from the federal Environmental Protection Agency (EPA) to the state Department of Environmental Quality (DEQ), making DEQ the sole permitting authority for these facilities. It claims federal EPA rules lack authority to restrict plant operations without requiring "significant economic investment" from plant owners and utilities. The bill includes a contingency that would void it if the EPA repeals two specific 2024 rules (89 Fed. Reg. 38508 and 39798). This bill died in committee in May 2025 and never became law.
Issues: ✗ EnergyOpposes EnergyBill transfers EPA regulatory authority for fossil fuel plants to state, claiming federal rules require "significant economic investment". This weakens federal environmental oversight, favoring fossil fuel operations over clean energy transition.90% confidence ✗ EnvironmentOpposes EnvironmentBill transfers EPA environmental authority to state DEQ, claiming federal rules require costly investments. This weakens federal oversight for fossil fuel plants, reducing regulatory burden and likely increasing pollution.85% confidence
Bill status died 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 18, 2025 Last action May 23, 2025
Maddy AI version diff · 3 comparisons

What changed between versions

SB0349 Legal Review Note.pdf → SB0349_1(2).pdf · 4 edits
MODERATE
The bill was converted from a draft with legal review notes into a final legislative text. The most significant substantive change is the addition of a 'contingent voidness' clause, which makes the entire law automatically invalid if the federal government repeals specific environmental rules. The bill also formally defines 'fossil fuel-fired electric generating units' to include plants using coal, natural gas, or oil.
Scope change
The bill's scope remains the same, asserting state authority over existing fossil fuel power plants, but it now includes a new condition that limits its applicability based on future federal regulatory actions.
REQUIREMENT

Added a new section stating the law becomes void if the federal EPA repeals specific rules from 2024.

DEFINITION

Added a formal definition for 'fossil fuel-fired electric generating unit' covering coal, natural gas, and oil plants.

TECHNICAL

Removed the Legal Review Note section containing constitutional analysis and attorney comments.

Changed the document from a draft with review notes to the final authorized print version of the bill.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
19
Key actions
0
Committee
1
Amendments
1
Mar 1, 2025
Amended
(S) Tabled in Committee - (S) Natural Resources
upper
Feb 19, 2025
Committee
(S) Referred to Committee - (S) Natural Resources
upper
Feb 18, 2025
Introduced
(S) Introduced
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jeremy Trebas
Jeremy Trebas
RRepublican
MT
10